USC Chapter 1007

USC Chapter 1007
in effect

10 U.S.C. § 10201 Assistant Secretary of Defense for Manpower and Reserve Affairs

As provided in section 138(b)(2) 11 See References in Text note below. of this title, the official in the Department of Defense with responsibility for overall supervision of reserve affairs of the Department of Defense is the Assistant Secretary of Defense for Manpower and Reserve Affairs.

10 U.S.C. § 10202 Regulations

(a) Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as the Secretary considers necessary to carry out provisions of law relating to the reserve components under the Secretary’s jurisdiction. (b) The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, shall prescribe such regulations as the Secretary considers necessary to carry out all provisions of law relating to the reserve components insofar as they relate to the Coast Guard, except when the Coast Guard is operating as a service in the Navy. (c) So far as practicable, regulations for all reserve components shall be uniform.

10 U.S.C. § 10203 Reserve affairs: designation of general or flag officer of each armed force

(a) The Secretary of the Army may designate a general officer of the Army to be directly responsible for reserve affairs to the Chief of Staff of the Army. (b) The Secretary of the Navy may designate a flag officer of the Navy to be directly responsible for reserve affairs to the Chief of Naval Operations and a general officer of the Marine Corps to be directly responsible for reserve affairs to the Commandant of the Marine Corps. (c) The Secretary of the Air Force may designate a general officer of the Air Force to be directly responsible for reserve affairs to the Chief of Staff of the Air Force. (d) The Secretary of Homeland Security may designate a flag officer of the Coast Guard to be directly responsible for reserve affairs to the Commandant of the Coast Guard. (e) This section does not affect the functions of the Chief of the National Guard Bureau, the Chief of Army Reserve, or the Chief of Air Force Reserve.

10 U.S.C. § 10204 Personnel records

(a) The Secretary concerned shall maintain adequate and current personnel records of each member of the reserve components under the Secretary’s jurisdiction showing the following with respect to the member:(1) Physical condition. (2) Dependency status. (3) Military qualifications. (4) Civilian occupational skills. (5) Availability for service. (6) Such other information as the Secretary concerned may prescribe. (b) Under regulations to be prescribed by the Secretary of Defense, the Secretary of each military department shall maintain a record of the number of members of each class of each reserve component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with pay.

10 U.S.C. § 10205 Members of Ready Reserve: requirement of notification of change of status

(a) Each member of the Ready Reserve shall notify the Secretary concerned of any change in the member’s address, marital status, number of dependents, or civilian employment and of any change in the member’s physical condition that would prevent the member from meeting the physical or mental standards prescribed for the member’s armed force. (b) This section shall be administered under regulations prescribed by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.

10 U.S.C. § 10206 Members: physical examinations

(a) Each member of the Selected Reserve who is not on active duty shall—(1) have a comprehensive medical readiness health and dental assessment on an annual basis, including routine annual preventive health care screening and periodic comprehensive physical examinations in accordance with regulations prescribed by the Secretary of Defense that reflect morbidity and mortality risks associated with the military service, age, and gender of the member; and (2) execute and submit to the Secretary concerned on an annual basis documentation of the medical and dental readiness of the member to perform military duties. (b) A member of the Individual Ready Reserve or inactive National Guard shall be examined for physical fitness as necessary to determine the member’s physical fitness for—(1) military duty or promotion; (2) attendance at a school of the armed forces; or (3) other action related to career progression. (c) Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually to the Secretary concerned a certificate of physical condition. (d) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.

10 U.S.C. § 10207 Mobilization forces: maintenance

(a) Whenever units or members of the reserve components are ordered to active duty (other than for training) during a period of partial mobilization, the Secretary concerned shall continue to maintain mobilization forces by planning and budgeting for the continued organization and training of the reserve components not mobilized, and make the fullest practicable use of the Federal facilities vacated by mobilized units, consistent with approved joint mobilization plans. (b) In this section, the term “partial mobilization” means the mobilization resulting from action by Congress or the President, under any law, to bring units of any reserve component, and members not assigned to units organized to serve as units, to active duty for a limited expansion of the active armed forces.

10 U.S.C. § 10208 Annual mobilization exercise

(a) The Secretary of Defense shall conduct at least one major mobilization exercise each year. The exercise should be as comprehensive and as realistic as possible and should include the participation of associated active component and reserve component units. (b) The Secretary shall maintain a plan to test periodically each active component and reserve component unit based in the United States and all interactions of such units, as well as the sustainment of the forces mobilized as part of the exercise, with the objective of permitting an evaluation of the adequacy of resource allocation and planning. (c)(1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act (50 U.S.C. 3801 et seq.), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection—(A) shall include a review of national mobilization strategic and operational concepts; and (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.

10 U.S.C. § 10209 Regular and reserve components: discrimination prohibited

Laws applying to both Regulars and Reserves shall be administered without discrimination— (1) among Regulars; (2) among Reserves; and (3) between Regulars and Reserves.

10 U.S.C. § 10210 Dissemination of information

The Secretary of Defense shall require the complete and current dissemination, to all Reserves and to the public, of information of interest to the reserve components.

10 U.S.C. § 10211 Policies and regulations: participation of Reserve officers in preparation and administration

Within such numbers and in such grades and assignments as the Secretary concerned may prescribe, each armed force shall have officers of its reserve components on active duty (other than for training) at the seat of government, and at headquarters responsible for reserve affairs, to participate in preparing and administering the policies and regulations affecting those reserve components. While so serving, such an officer is an additional number of any staff with which he is serving.

10 U.S.C. § 10212 Gratuitous services of officers: authority to accept

(a) Notwithstanding section 1342 of title 31, the Secretary of Defense may accept the gratuitous services of an officer of a reserve component (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States) in consultation upon matters relating to the armed forces. (b) Notwithstanding section 1342 of title 31, the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)—(1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or (2) in consultation upon matters relating to the armed forces.

10 U.S.C. § 10213 Reserve components: dual membership prohibited

Except as otherwise provided in this title, no person may be a member of more than one reserve component at the same time.

10 U.S.C. § 10214 Adjutants general and assistant adjutants general: reference to other officers of National Guard

In any case in which, under the laws of a State, an officer of the National Guard of that jurisdiction, other than the adjutant general or an assistant adjutant general, normally performs the duties of that office, the references in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(h), and 14512 of this title to the adjutant general or the assistant adjutant general shall be applied to that officer instead of to the adjutant general or assistant adjutant general.

10 U.S.C. § 10215 Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Federal status

(a)(1) Officers of the Army National Guard of the United States who are not on active duty—(A) may order members of the Army National Guard of the United States to active duty for training under section 12301(d) of this title; and (B) with the approval of the Secretary of the Air Force, may order members of the Air National Guard of the United States to active duty for training under that section. (2) Officers of the Air National Guard of the United States who are not on active duty—(A) may order members of the Air National Guard of the United States to active duty for training under section 12301(d) of this title; and (B) with the approval of the Secretary of the Army, may order members of the Army National Guard of the United States to active duty for training under that section. (b) Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty—(1) may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and (2) with respect to their Federal status, may promote or discharge persons enlisted or reenlisted as Reserves of the Army or Reserves of the Air Force for that service. (c) This section shall be carried out under regulations prescribed by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force.

10 U.S.C. § 10216 Military technicians (dual status)

(a) In General.—(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who—(A) is employed under section 3101 of title 5 or section 709(b) of title 32; (B) is required as a condition of that employment to maintain membership in the Selected Reserve; and (C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces. (2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees. (3) A military technician (dual status) who is employed under section 3101 of title 5 may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):(A) Supporting operations or missions assigned in whole or in part to the technician’s unit. (B) Supporting operations or missions performed or to be performed by—(i) a unit composed of elements from more than one component of the technician’s armed force; or (ii) a joint forces unit that includes—(I) one or more units of the technician’s component; or (II) a member of the technician’s component whose reserve component assignment is in a position in an element of the joint forces unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—(i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor personnel; or (iv) Department of Defense civilian employees. (b) Priority for Management of Military Technicians (Dual Status).—(1) As a basis for making the annual request to Congress pursuant to section 115(d) of this title for authorization of end strengths for military technicians (dual status) of the Army and Air Force reserve components, the Secretary of Defense shall give priority to supporting authorizations for military technicians (dual status) in the following high-priority units and organizations:(A) Units of the Selected Reserve that are scheduled to deploy no later than 90 days after mobilization. (B) Units of the Selected Reserve that are or will deploy to relieve active duty peacetime operations tempo. (C) Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve components of the Army and Air Force, to the extent that the military technicians (dual status) in such units would mobilize and deploy in a skill that is compatible with their civilian position skill. (2) For each fiscal year, the Secretary of Defense shall, for the high-priority units and organizations referred to in paragraph (1), seek to achieve a programmed manning level for military technicians (dual status) that is not less than 90 percent of the programmed manpower structure for those units and organizations for military technicians (dual status) for that fiscal year. (3) Military technician (dual status) authorizations and personnel shall be exempt from any requirement (imposed by law or otherwise) for reductions in Department of Defense civilian personnel and shall only be reduced as part of military force structure reductions. (c) Information Required To Be Submitted With Annual End Strength Authorization Request.—(1) The Secretary of Defense shall include as part of the budget justification documents submitted to Congress with the budget of the Department of Defense for any fiscal year the following information with respect to the end strengths for military technicians (dual status) requested in that budget pursuant to section 115(d) of this title, shown separately for each of the Army and Air Force reserve components:(A) The number of military technicians (dual status) in the high priority units and organizations specified in subsection (b)(1). (B) The number of technicians other than military technicians (dual status) in the high priority units and organizations specified in subsection (b)(1). (C) The number of military technicians (dual status) in other than high priority units and organizations specified in subsection (b)(1). (D) The number of technicians other than military technicians (dual status) in other than high priority units and organizations specified in subsection (b)(1). (2)(A) If the budget submitted to Congress for any fiscal year requests authorization for that fiscal year under section 115(d) of this title of a military technician (dual status) end strength for a reserve component of the Army or Air Force in a number that constitutes a reduction from the end strength minimum established by law for that reserve component for the fiscal year during which the budget is submitted, the Secretary of Defense shall submit to the congressional defense committees with that budget a justification providing the basis for that requested reduction in technician end strength. (B) Any justification submitted under subparagraph (A) shall clearly delineate the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those reductions). (d) Unit Membership Requirement.—(1) Unless specifically exempted by law, each individual who is hired as a military technician (dual status) after December 1, 1995, shall be required as a condition of that employment to maintain membership in—(A) the unit of the Selected Reserve by which the individual is employed as a military technician; or (B) a unit of the Selected Reserve that the individual is employed as a military technician to support. (2) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Army Reserve in an area other than Army Reserve troop program units. (3) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time. (e) Dual Status Requirement.—(1) Funds appropriated for the Department of Defense may not (except as provided in paragraph (2)) be used for compensation as a military technician of any individual hired as a military technician (dual status) after February 10, 1996, who is no longer a member of the Selected Reserve. (2) Except as otherwise provided by law, the Secretary concerned may pay compensation described in paragraph (1) to an individual described in that paragraph who is no longer a member of the Selected Reserve for a period up to 12 months following the individual’s loss of membership in the Selected Reserve if the Secretary determines that such loss of membership was not due to the failure of that individual to meet military standards. (f) Authority for Deferral of Mandatory Separation.—The Secretary of the Army and the Secretary of the Air Force may each implement personnel policies so as to allow, at the discretion of the Secretary concerned, a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond a mandatory removal date, and any applicable maximum years of service limitation, until the military technician (dual status) reaches age 62 and attains eligibility for an unreduced annuity (as defined in section 10218(c) of this title). (g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as—(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and (B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons. (2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age. (3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.

10 U.S.C. § 10217 Non-dual status technicians

(a) Definition.—For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve; (2) is employed under section 709 of title 32 in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or (3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection. (b) Employment Authorities.—The authorities referred to in subsection (a) are the following:(1) Section 10216 of this title. (2) Section 709 of title 32. (3) The requirements referred to in section 8401 of title 5. (4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995. (5) Any memorandum of agreement between the Department of Defense and the Office of Personnel Management providing for the hiring of military technicians. (c) Permanent Limitations on Number.—(1) The total number of non-dual status technicians employed by the Army Reserve may not exceed 595 and by the Air Force Reserve may not exceed 90. If at any time the number of non-dual status technicians employed by the Army Reserve and Air Force Reserve exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation. (2) The total number of non-dual status technicians employed by the National Guard may not exceed 1,950. If at any time the number of non-dual status technicians employed by the National Guard exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation. (3) An individual employed as a non-dual status technician as described in subsection (a)(3) shall not be considered a non-dual status technician for purposes of paragraphs (1) and (2). (d) Exception for Temporary Employment.—(1) Notwithstanding section 10218 of this title, the Secretary of the Army or the Secretary of the Air Force may employ, for a period not to exceed two years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title. (2) The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:(A) The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee. (B) Two years. (3) No person may be hired under the authority of this subsection after January 6, 2013. (e) Conversion of Positions.—(1) No individual may be newly hired or employed, or rehired or reemployed, as a non-dual status technician for purposes of this section after September 30, 2017. (2) By not later than October 1, 2017, the Secretary of Defense shall convert all non-dual status technicians to positions filled by individuals who are employed under section 3101 of title 5 or section 1601 of this title and are not military technicians. (3) In the case of a position converted under paragraph (2) for which there is an incumbent employee on October 1, 2017, the Secretary shall fill that position, as converted, with the incumbent employee without regard to any requirement concerning competition or competitive hiring procedures. (4) Any individual newly hired or employed, or rehired or employed, to a position required to be filled by reason of paragraph (1) shall be an individual employed in such position under section 3101 of title 5 or section 1601 of this title.

10 U.S.C. § 10218 Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws

(a) Separation and Retirement of Military Technicians (Dual Status).—(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after October 5, 1999, loses dual status is subject to paragraph (2) or (3), as the case may be. (2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity and is age 60 or older at that time, the technician shall be separated not later than 30 days after the date on which dual status is lost. (3)(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity or is under age 60 at that time, the technician shall be offered the opportunity to—(i) reapply for, and if qualified may be appointed to, a position as a military technician (dual status); or (ii) apply for a civil service position that is not a technician position. (B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and (ii) shall be separated or retired—(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and (II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost. (4) For purposes of this subsection, a military technician is considered to lose dual status upon—(A) being separated from the Selected Reserve; or (B) ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician. (b) Non-Dual Status Technicians.—(1) An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity and is age 60 or older shall be separated not later than April 5, 2000. (2)(A) An individual who on October 5, 1999, is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity or is under age 60 shall be offered the opportunity to—(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or (ii) apply for a civil service position that is not a technician position. (B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and (ii) shall be separated or retired—(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and (II) in the case of a technician first hired as a technician after February 10, 1996, and who on October 5, 1999, is a non-dual status technician, not later than one year after the date on which dual status is lost. (3) An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, during the period beginning on October 5, 1999, and ending on April 5, 2000, is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status). (c) Unreduced Annuity Defined.—For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician. (d) Voluntary Personnel Action Defined.—In this section, the term “voluntary personnel action”, with respect to a non-dual status technician, means any of the following:(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status). (2) Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).

10 U.S.C. § 10219 Suicide prevention and resilience program

(a) Program Requirement.—The Secretary of Defense shall establish and carry out a program to provide members of the National Guard and Reserves and their families with training in suicide prevention, resilience, and community healing and response to suicide, including provision of such training at Yellow Ribbon Reintegration Program events and activities authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note). (b) Suicide Prevention Training.—Under the program, the Secretary shall provide members of the National Guard and Reserves with training in suicide prevention. Such training may include—(1) describing the warning signs for suicide and teaching effective strategies for prevention and intervention; (2) examining the influence of military culture on risk and protective factors for suicide; and (3) engaging in interactive case scenarios and role plays to practice effective intervention strategies. (c) Community Response Training.—Under the program, the Secretary shall provide the families and communities of members of the National Guard and Reserves with training in responses to suicide that promote individual and community healing. Such training may include—(1) enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide; (2) communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines; (3) addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and (4) managing resources to assist key community and military service providers in helping the families, friends, and fellow servicemembers of a suicide victim through the processes of grieving and healing. (d) Community Training Assistance.—The program shall include the provision of assistance with such training to the local communities of those servicemembers and families, to be provided in coordination with local community programs. (e) Collaboration.—In carrying out the program, the Secretary shall collect and analyze “lessons learned” and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs. (f) Outreach for Certain Members of the Reserve Components.—(1) Upon the request of an adjutant general of a State, the Secretary may share with the adjutant general the contact information of members described in paragraph (2) who reside in such State in order for the adjutant general to include such members in suicide prevention efforts conducted under this section. (2) Members described in this paragraph are—(A) members of the Individual Ready Reserve; and (B) members of a reserve component who are individual mobilization augmentees. (g) Triennial Evaluation.—The Secretary shall evaluate the program every third year beginning in 2022 until the program terminates to determine whether the program effectively—(1) provides training and assistance under subsections (b), (c), and (d); and (2) implements subsection (e).

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